MT SAIDUNNISA Vs. MTRUQYA

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for recovery of possession of 28 out of 160 sihams in the estate of her deceased father. She is one of the daughters of the late Syed Ali Hussain Khan, who died on 8 March 1926. The deceased had his legally wedded wife Valan Bibi from whom he had two daughters who survived him. He also had a muta wife, Bandi Bibi, from whom he had one son and one daughter. Admittedly the plaintiff's share in his estate would be 28 out of 160 sihams.

(2.) Mt. Walan Bibi applied to the District Judge for being appointed the guardian of the persons and properties of her two children. The District Judge by an order dated 9 May 1908 appointed her the certificated guardian. A certificate was issued to her in due course.

(3.) On 2 March, 1909 an agreement for reference to arbitration of three persons was signed by the widow Mt. Walan Bibi on her behalf and as guardian of her minor daughter and also by Nurul-Hasan, the brother of the deceased, as well as other heirs. The arbitrators delivered their award on 4 March 1909 under which the estate was divided among the various claimants, a share being assigned to the plaintiff Mt. Saidunnisa, who had been impleaded under the guardianship of her own mother. This award was followed by an application for its being filed on 6th March 1909 accompanied by an application for permission to file it on behalf of the minor. The Court granted the permission to file the award stating that it was for the benefit of the minor. The award was duly filed and made a decree of the Court on the same day.